Document Type : Research Paper
Authors
1
Ph.D. Student in in Private Law, Islamic Azad University, Science and Research Branch, Teheran, Iran.
2
Associate Professor, Department of International Law, Imam Khomeini International University, Qazvin, Iran.
3
Assistant Professor, Department of Fiqh & law, Faculty of Law, Theology and Political Science, Islamic Azad University, Science and Research Branch, Teheran, Iran.
Abstract
There is no consensus on the nature of copyright in legal systems; Theory of Personality rights (in German law), theory of debt, theory of natural right and as property (in Britain and the United States in the 18th century and some of the Paris Court of Appeals), property theory (some of the French courts and some of the Egyptian doctrine), the theory of dual nature (in Quebec law, Lebanese law, the Berne Convention and French intellectual property law), the theory emphasizing the economic benefits of intellectual property, the theory of labor law, Special right theory and as a kind of intellectual rights and privilege theory have been proposed and analyzed. Egyptian law is as silent as Iranian Law. In Iranian law, the term intellectual property is often used (property theory), as a result, the theory of two dimensional nature (independence of the nature of material rights from the morals rights of the author and the specific nature of each one) is more correct. So, the property theory is flawed; because it does not include moral rights that are non-financial and related to the author's personality. The type of this article is Academic / Scholarly.
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